Present: All the Justices
BRENDA PARKER
PER CURIAM
v. Record No. 040726 March 3, 2005
COMMONWEALTH OF VIRGINIA
FROM THE COURT OF APPEALS OF VIRGINIA
Brenda Parker was convicted in the Circuit Court of
Gloucester County for operating a food manufacturing plant
that had not been inspected by the Commissioner of Agriculture
and Consumer Services. See Code § 3.1-398.1. We awarded her
an appeal to consider her following assignments of error: 1.
"The Court of Appeals erred in concluding that the charge was
of an offense known to the law, and that the lower courts had
subject matter jurisdiction." 2. "If the Court of Appeals
did not err as specified in No. 1, then it erred in concluding
that the claim that a summons of violating 3.1-418/3.1-398.1
on its face violates the Fourth Amendment does not address
subject matter jurisdiction, and can be raised for the first
time on appeal."
We have considered these assignments of error and for the
reasons stated in the opinion of the Court of Appeals, Parker
v. Commonwealth, 42 Va. App. 358, 592 S.E.2d 358 (2004), we
will affirm the judgment appealed from.
Affirmed.